1. Introduction 2. State Responsibility & Principles of Interpretation 3. State Defences & Counterclaims 4. Expropriation 5. Non-Contingent Standards 6. Contingent Standards 7. Umbrella Clauses 8. Other Substantive Standards 9. Quantification, Assessment & Damages
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Standards of protection before WW2 - Standards of protection - Scholarly opinion - Early cases - Efforts on codification - BITs Standards of protection after WW2 - Multinational investment framework - Post-colonial challenges to protection frameworks - Renewed attempts > Global treaty
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Add to cartStandards of protection before WW2 - Standards of protection - Scholarly opinion - Early cases - Efforts on codification - BITs Standards of protection after WW2 - Multinational investment framework - Post-colonial challenges to protection frameworks - Renewed attempts > Global treaty
State responsibility - Constituent elements - Legal effects Attribution of wrongful conduct to states - State organs - Entities exercising elements of governmental authority - Ultra vires acts of State organs/agencies - Conduct directed/controlled by State - Subsequent adoption/acknowledgm...
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Add to cartState responsibility - Constituent elements - Legal effects Attribution of wrongful conduct to states - State organs - Entities exercising elements of governmental authority - Ultra vires acts of State organs/agencies - Conduct directed/controlled by State - Subsequent adoption/acknowledgm...
Defences - Express Exceptions in Investment Treaties - Security Exceptions - Interpretation - General Exceptions (Art XX GATT/Art XIV GATS) - Tax measures - Government procurement/subsidies/grants - State's financial infrastructure - Existing/Future non-conforming measures Defences - Cu...
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Add to cartDefences - Express Exceptions in Investment Treaties - Security Exceptions - Interpretation - General Exceptions (Art XX GATT/Art XIV GATS) - Tax measures - Government procurement/subsidies/grants - State's financial infrastructure - Existing/Future non-conforming measures Defences - Cu...
Direct expropriation - Nationalisation - Clear - Unclear Lawful expropriation - Public purpose - Non-discriminatory measures - Due process - Compensation Indirect Expropriation - Measures - Discriminatory tax - TP Interference - Government's breach of contractual obligations - In...
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Add to cartDirect expropriation - Nationalisation - Clear - Unclear Lawful expropriation - Public purpose - Non-discriminatory measures - Due process - Compensation Indirect Expropriation - Measures - Discriminatory tax - TP Interference - Government's breach of contractual obligations - In...
Standards of treatment o Contingent/Relative o Non-contingent/Absolute Fair & Equitable Treatment o Definition o Treaty adoption methods o Autonomous v Minimum standard o Substantive content - Case-by-case - Creeping violations - State functions o Violations - Frustrati...
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Add to cartStandards of treatment o Contingent/Relative o Non-contingent/Absolute Fair & Equitable Treatment o Definition o Treaty adoption methods o Autonomous v Minimum standard o Substantive content - Case-by-case - Creeping violations - State functions o Violations - Frustrati...
National Treatment o Definition o Drafting provisions o Violation of standard Comparator - Business sector - Not like products - Legal regime Less favourable treatment - Treatment - No less favourable - Discriminatory intent No reasonable justification for differentiate...
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Add to cartNational Treatment o Definition o Drafting provisions o Violation of standard Comparator - Business sector - Not like products - Legal regime Less favourable treatment - Treatment - No less favourable - Discriminatory intent No reasonable justification for differentiate...
Definition History Treaty practice Elevation circumstances o Restrictive interpretation o Effective interpretation o Camps analyses - Parties’ intent - Host state’s sovereign capacity - Internationalisation - Dispute resolution provisions Host state’s non-con...
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Add to cartDefinition History Treaty practice Elevation circumstances o Restrictive interpretation o Effective interpretation o Camps analyses - Parties’ intent - Host state’s sovereign capacity - Internationalisation - Dispute resolution provisions Host state’s non-con...
Admission & Establishment of Foreign Investments - Terms - Models - Performance requirements - Prior approval/registration - National laws Promotion of Foreign Investments - Promote/Encourage - Create favourable conditions - Restrict economic measures Transfer of funds - Multilateral ...
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Add to cartAdmission & Establishment of Foreign Investments - Terms - Models - Performance requirements - Prior approval/registration - National laws Promotion of Foreign Investments - Promote/Encourage - Create favourable conditions - Restrict economic measures Transfer of funds - Multilateral ...
Treaty Breach Consequences – Sources of Law - Investment treaty provisions Treaty provisions • War, armed conflict & insurrections • Monetary damages No treaty provisions - Customary international law Chorzow Factory case ILC Draft Articles • Reparation - Restitutio...
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Add to cartTreaty Breach Consequences – Sources of Law - Investment treaty provisions Treaty provisions • War, armed conflict & insurrections • Monetary damages No treaty provisions - Customary international law Chorzow Factory case ILC Draft Articles • Reparation - Restitutio...
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